IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23476 of 2019

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Janeshwar Singh, S/o Late Shiv Dhari Singh, R.o Village-Rahara, P.S.-Barem,

O.P. and Dhari Singh, R/o Village-Rahara, P.S.-Barem, O.P. and District-

Aurangabad, BIhar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue

and Land Reforms, Government of Bihar, Patna.

2.

The Principal Secretary, Department opf Revenue and Land Reforms,

Government of Bihar, Patna.

3.

The District Collector, Aurangabad,

4.

The District Land Acquisition Officer, Aurangabad.

5.

The District Certificate Officer, Aurangabad, Site Office-Aurangabad

Collectorate, P.O. P.S. and District-Aurangabad.

6.

The Commissioner, Magadh Division, Gaya, Site Office- Commissioner

Office, Gaya, P.O. P.S. and District-Gaya.

7.

The Land Reform Deputy Collector, Aurangabad, Sit Office-Sub Division

Office, Aurangabad.

8.

The Circle Officer, Nabinagar, Site Office Circle Office Nabinagar, P.O. and

P.S.-Nabinagar, District-Aurangabad.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Ms. Vagisha Pragya Vacaknavi, Advocate

For the Respondent/s

:

Mr.Raj Kishor Rai, GP-18

Mr. Abhay Kumar Kashyap, AC to GP-18

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-08-2022

Heard learned learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

“for issuance of a writ of certiorari

or writs in the nature thereof or any other

appropriate

writs/orders/directions

for

quashing the notice dated 14.06.2019 issued

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under section 7 of the Bihar & Orissa Public

Demands Recovery Act, 1914 by the

Certificate Officer, Aurangabad to the

petitioner in relation to Case No.08 of 2019-20

for recovery of Rs.69,38,367/-”

It is not in dispute that petition under Section 9 of the

Bihar & Orissa Public Demands Recovery Act, 1914

(hereinafter referred to as “the Act”) is pending

consideration/petitioner intends to file before the appropriate

authority.

Learned counsel for the parties jointly pray that the

instant petition be disposed of with direction to the appropriate

authority to consider and decide the same expeditiously.

Learned counsel for the State states that the

appropriate authority shall consider and decide the petition filed/

to be filed by the petitioner under Section 9 of the Act positively

within a period of two months from the date of appearance of

the petitioner before him along with a copy of this order and the

issue of limitation shall not come in the way of decision on

merits.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall appear in the office of the

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appropriate authority on 22^nd of August, 2022 along with a copy

of this order, on which date documents in support of the petition

shall be filed, or else file a fresh petition under Section 9 of the

Act.

(b) The appropriate authority shall consider and

dispose of the petitioner’s petition expeditiously, by a reasoned

and speaking order, preferably within a period of two months

from the date of appearance of the petitioner before him and till

then no coercive steps be taken against the petitioner;

(c) The authority shall also examine as to whether the

amount in question falls within the definition of public demand

or not;

(d) Needless to add, while considering such petition,

principles of natural justice shall be followed and due

opportunity of hearing afforded to the parties;

(e) Order assigning reasons shall be suppl